BILL NUMBER: SB 2196	CHAPTERED  09/26/00

	CHAPTER   662
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 19, 2000
	AMENDED IN SENATE   MAY 11, 2000
	AMENDED IN SENATE   MAY 2, 2000

INTRODUCED BY   Senator Alpert
   (Principal coauthor:  Assembly Member Cardenas)

                        MARCH 16, 2000

   An act to amend Sections 47763.5 and 47771.5 of the Education
Code, relating to high-risk youth, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2196, Alpert.   High-risk youth:  first-time offenders and
transitioning high-risk youth.
   Existing law establishes the High-Risk Youth Education and Public
Safety Program, which includes a specified component for high-risk
first-time offenders and a specified component for pupils who are
transitioning high-risk youth.  The program assists county offices of
education and school districts in implementing prevention and early
intervention strategies for youth who are seriously at risk of
becoming chronic, repeat offenders.  Existing law requires the
Superintendent of Public Instruction to apportion, in addition to
funds from all other sources, $3,000 per year for each unit of
average daily attendance reported at the annual apportionment for
pupil attendance in a high-risk first-time offenders program and a
transitioning high-risk youth program, to be apportioned as specified
and limited to a specified amount, as determined by the product of
the average number of pupils, per calendar year, enrolled to receive
those services, multiplied by $6,000 for high-risk first-time
offenders, and $5,000 for transitioning high-risk youth, to
participating county superintendents of schools for the purposes of
the program, as specified.  Existing law requires that, at the final
apportionment for the 3rd year of program operation, or at the final
apportionment for the last year of program operation if the program
operates for fewer than 3 years, the apportionment for a county
office of education be reduced by a specified amount.
   This bill would increase the apportionment for purposes of those
programs, effective July 1, 2000, to $6,000, would increase those
multipliers, from $6,000, for high-risk first-time offenders and
$5,000 for transitioning high-risk youths, to $12,000 and would make
corresponding changes in related provisions.  The bill would also
require that the reduction in the apportionment received by a county
office of education take place at the final apportionment for the 5th
year of program operation, as specified.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47763.5 of the Education Code is amended to
read:
   47763.5.  (a) Effective July 1, 2000, and in addition to funds
from all other sources and subject to the limitation in subdivision
(h), the Superintendent of Public Instruction shall apportion to each
county office of education or school district that operates a
program under this chapter six thousand dollars ($6,000) per year for
each unit of average daily attendance reported at the annual
apportionment for pupil attendance in a program under this chapter.
   (b) The average daily attendance for a program under this chapter
shall be determined by dividing the total number of days of
attendance in all full school months by a divisor of 135 for the
first period of each fiscal year, by a divisor of 180 for the second
period of each fiscal year, and by a divisor of 250 for the annual
time of each fiscal year.
   (c) Effective July 1, 2000, and subject to the limitation in
subdivision (h), the Superintendent of Public Instruction shall
apportion to each county office of education or school district that
operates a program under this chapter a sum equal to ten dollars
($10), multiplied by the total of the number of hours each schoolday
that follow completion of the full instructional day, not to exceed
six hours per schoolday, that each high-risk first-time offender
pupil receives services, as specified in the individual case
management plan pursuant to paragraph (1) of subdivision (c) of
Section 47761, when those services are provided by one or more
employees of one or more of the agencies that are parties to the
approved plans developed pursuant to Section 47761.
   (d) Effective July 1, 2000, and subject to the limitation in
subdivision (h), the Superintendent of Public Instruction shall
apportion, to each county office of education or school district that
operates a program under this chapter on days other than schooldays,
a sum equal to ten dollars ($10), multiplied by the total of the
number of hours, not to exceed 10 hours per calendar day that is not
a schoolday that each high-risk first-time offender pupil receives
services, as specified in the individual case management plan
pursuant to paragraph (1) of subdivision (c) of Section 47761, when
those services are provided by one or more employees of one or more
of the agencies that are parties to the approved plans developed
pursuant to Section 47761.
   (e) Effective July 1, 2000, and notwithstanding any other
provision of this section, a county office of education or school
district shall receive an apportionment pursuant to subdivision (c)
only for days on which a high-risk first-time offender pupil was
required to attend any specified setting or settings in which
services are provided for a total of at least eight hours each day as
specified in his or her individual case management plan developed
pursuant to Section 47761.
   (f) The funds provided in this chapter shall be used only for the
purpose of implementing the plans determined to be eligible for
funding by the Superintendent of Public Instruction pursuant to
Section 47756.
   (g) Notwithstanding Section 42238.18, a county office of education
implementing a plan pursuant to this chapter may use funds
apportioned pursuant to this chapter to provide for the services of
probation officers.
   (h) Notwithstanding any other provision of this section, the
funding provided for in this chapter shall be apportioned only to the
extent that funds are appropriated for that purpose in the annual
Budget Act or other legislation, or both.
   (i) Notwithstanding any other provision of law, a pupil's
eligibility to attend the program for high-risk first-time offenders
shall cease on the second anniversary of his or her first day of
attendance in the program.
   (j) Effective July 1, 2000, and notwithstanding any other
provision of this section, a county office of education or school
district that operates a program under this chapter shall not be
eligible to receive an apportionment pursuant to this section in
excess of the product of the average number of pupils, per calendar
day between July 1 and June 30, inclusive, enrolled to receive
services in a program for high-risk first-time offenders, multiplied
by twelve thousand dollars ($12,000).
   (k) Notwithstanding any other provision of law, the Superintendent
of Public Instruction may provide an apportionment to a county
office of education or school district for startup costs, from the
funds provided for the purposes of this chapter during the first year
that a county office of education or a school district operates a
program, if each of the following conditions is met:
   (1) The county office of education or school district has
submitted an application for startup funding to the Superintendent of
Public Instruction by September 1, 1999, for the 1998-99 fiscal
year, and for each fiscal year thereafter, not later than January
31st of the fiscal year for which startup funding is sought.
   (2) The amount apportioned by the Superintendent of Public
Instruction for startup funding pursuant to this subdivision may not
exceed 15 percent of the county office of education's or school
district's maximum permitted apportionment for the fiscal year
startup funding is sought.
   (3) Total funding for programs operated pursuant to this chapter,
including funding for startup costs, may not exceed the recipient's
maximum permitted apportionment for the fiscal year startup funding
is sought.
   (4) At the final apportionment for the  fifth year of program
operation, or at the final apportionment for the last year of program
operation if the program operates for fewer than five years, the
apportionment for a county office of education or school district
operating a program under this chapter shall be reduced by the
difference between the amount of startup funding apportioned pursuant
to paragraph (2) and an amount equal to 15 percent of the maximum
apportionment earned, for other than startup funding, in any one of
the first five years of program operation.
   (5) Approved startup costs may not include indirect costs, as
defined in the California School Accounting Manual, or board and
superintendent costs.  If startup costs include personnel costs,
those costs shall be documented by employee time records.
  SEC. 2.  Section 47771.5 of the Education Code is amended to read:

   47771.5.  (a) Effective July 1, 2000, and in addition to funds
from all other sources and subject to the limitation in subdivision
(h), the Superintendent of Public Instruction shall apportion to each
county office of education or school district that operates a
program under this chapter six thousand dollars ($6,000) per year for
each unit of average daily attendance reported at the annual
apportionment for pupil attendance in a program under this chapter.
   (b) The average daily attendance for a program under this chapter
shall be determined by dividing the total number of days of
attendance in all full school months by a divisor of 135 for the
first period of each fiscal year, by a divisor of 180 for the second
period of each fiscal year, and by a divisor of 250 for the annual
time of each fiscal year.
   (c) Effective July 1, 2000, and subject to the limitation in
subdivision (h), the Superintendent of Public Instruction shall
apportion to each county office of education or school district that
operates a program under this chapter a sum equal to ten dollars
($10), multiplied by the total of the number of hours each schoolday
that follow completion of the full instructional day, not to exceed
six hours per schoolday that each transitioning high-risk youth
enrolled in a program for transitioning high-risk youth receives
services, as specified in the individual case management plan
pursuant to clause (i) of subparagraph (B) of paragraph (3) of
subdivision (a) of Section 47766, when those services are provided by
one or more employees of one or more of the agencies that are
parties to the approved plans developed pursuant to Section 47766.
   (d) Effective July 1, 2000, and subject to the limitation in
subdivision (h), the Superintendent of Public Instruction shall
apportion, to each county office of education or school district that
operates a program under this chapter on days other than schooldays,
a sum equal to ten dollars ($10), multiplied by the total of the
number of hours, not to exceed 10 hours per calendar day that is not
a schoolday, that each transitioning high-risk youth receives
services, as specified in the individual case management plan
pursuant to clause (i) of subparagraph (B) of paragraph (3) of
subdivision (a) of Section 47766, when those services are provided by
one or more employees of one or more of the agencies that are
parties to the approved plans developed pursuant to Section 47766.
   (e) Effective July 1, 2000, and notwithstanding any other
provision of this section, a county office of education or school
district shall receive an apportionment pursuant to subdivision (c)
only for days on which a transitioning high-risk youth was required
to attend any specified setting or settings in which services are
provided for a total of at least eight hours each day as specified in
his or her individual case management plan developed pursuant to
Section 47766.
   (f) The funds provided in this chapter shall be used only for the
purpose of implementing the plans determined to be eligible for
funding by the Superintendent of Public Instruction pursuant to
Section 47756.
   (g) Notwithstanding Section 42238.18, a county office of education
implementing a plan pursuant to this chapter may use funds
apportioned pursuant to this chapter to provide for the services of
probation officers.
   (h) Notwithstanding any other provision of law, the funding
provided for in this chapter shall be apportioned only to the extent
that funds are appropriated for that purpose in the annual Budget Act
or other legislation, or both.
   (i) Notwithstanding any other provision of law, a pupil's
eligibility to attend a program for transitioning high-risk youth
shall cease on the second anniversary of his or her first day of
attendance in the program.
   (j) Effective July 1, 2000, and notwithstanding any other
provision of this section, a county office of education or school
district that operates a program under this chapter shall not be
eligible to receive an apportionment pursuant to this section in
excess of the product of the average number of pupils, per calendar
day between July 1 and June 30, inclusive, enrolled to receive
services in a program for transitioning high-risk youth, multiplied
by twelve thousand dollars ($12,000).
   (k) Notwithstanding any other provision of law, the Superintendent
of Public Instruction may provide an apportionment to a county
office of education or school district for startup costs, from the
funds provided for the purposes of this chapter during the first year
that a county office of education or a school district operates a
program, if each of the following conditions is met:
   (1) The county office of education or school district has
submitted an application for startup funding to the Superintendent of
Public Instruction by September 1, 1999, for the 1998-99 fiscal
year, and for each fiscal year thereafter, not later than January
31st of the fiscal year for which startup funding is sought.
   (2) The amount apportioned by the Superintendent of Public
Instruction for startup funding pursuant to this subdivision may not
exceed 15 percent of the county office of education's or school
district's maximum permitted apportionment for the fiscal year
startup funding is sought.
   (3) Total funding for programs operated pursuant to this chapter,
including funding for startup costs, may not exceed the recipient's
maximum permitted apportionment for the fiscal year startup funding
is sought.
   (4) At the final apportionment for the  fifth year of program
operation, or at the final apportionment for the last year of program
operation if the program operates for fewer than five years, the
apportionment for a county office of education or school district
operating a program under this chapter shall be reduced by the
difference between the amount of startup funding apportioned pursuant
to paragraph (2) and an amount equal to 15 percent of the maximum
apportionment earned, for other than startup funding, in any one of
the first five years of program operation.
   (5) Approved startup costs may not include indirect costs, as
defined in the California School Accounting Manual, or board and
superintendent costs.  If startup costs include personnel costs,
those costs shall be documented by employee time records.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide the necessary funding for the High-Risk
First-Time Offenders Program and the Transitioning High-Risk Youth
Program at the earliest opportunity, it is necessary that this
measure take effect immediately.
